H.R.T.C. Vs. MOTI RAM

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THIS appeal, by the H.R.T.C. in its capacity as the owner of the bus, is directed against the award of Motor Accident Claims Tribunal, whereby a sum of Rs.2,48,717/-, together with interest at the rate of 9% per annum, has been awarded to respondent Moti Ram by way of compensation on account of injury to his leg, which has resulted in amputation of the leg and permanent disability to the extent of 70%.

(3.) RESPONDENT / claimant Moti Ram appeared as PW-1 and stated, in no uncertain terms, that when he was boarding the bus and had just placed his one foot on the step of the front window, the driver put the bus into motion as a result of which he fell and the rear tyre of the bus passed over his foot resulting in crush injury and that to save his life the doctors have amputated his leg. In the cross-examination, it was suggested to him that he was moving by the side of the road in a drunken state when a Maruti Van, which came from the opposite direction, hit him. Cross-examination, on these lines, was conducted by the counsel representing the driver of the bus. When the driver himself stepped into the witness box and made statement as RW-1, he stated that he did not know which vehicle caused the accident resulting in the injury to the leg of the respondent. This statement is clearly in contradiction with the suggestions, which the counsel for RW-1 made to the claimant / respondent in the course of his cross- examination.